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Court of Appeals Published Opinions - May 2014

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

5-14-2014 - Opinions

5230 - State v. Johnson

Christopher Lee Johnson appeals his conviction for driving under the influence, arguing the circuit court erred in denying his motion to dismiss the charge because the Greenville Police Department failed to comply with the video recording requirements of section 56-5-2953 of the South Carolina Code (Supp. 2013). We affirm.

5-21-2014 - Opinions

5203 - Teeter v. Teeter

James Arthur Teeter, III appeals the family court's rulings regarding the valuation and classification of property in this divorce action. He also argues the family court erred in excluding information obtained from his wife's email account regarding her relationship with another man. We affirm as modified and remand.

5231 - Centennial Casualty v. Western Surety

Western Surety Co., d/b/a CNA Surety, argues the circuit court erred in: (1) finding Charleston Auto Auction (CAA) and its insurance carrier, Centennial Casualty Co. (Centennial), were "legal representatives" pursuant to section 56-15-320(B) of the South Carolina Code; (2) finding section 56-15-320(B) applies when fraud is committed by either the seller or the purchaser of a motor vehicle; and (3) failing to address whether CAA was also the legal representative for the purchasing dealer, and if so, was a participant in the fraud.

5-28-2014 - Opinions

5233 - Be Mi v. SCDR

St. Clements Homeowners Association appeals the administrative law court's decision that Be Mi, Inc. met the requirements for a restaurant liquor by the drink license. It contends Be Mi does not meet the seating requirements because some of the seats counted are in common areas and other seats are bar stools at a rail. It also asserts Be Mi does not have control over the deck, where many of its seats are located, and does not have a lease for the deck space. We affirm.

5234 - State v. Bennett

Kevin Tyrone Bennett was convicted of burglary in the second degree, petty larceny, and malicious injury to real property. We reverse his convictions, finding the trial court erred in denying his motion for directed verdict in this circumstantial evidence case.

5-30-2014 - Opinions

5237 - Palms v. The School District of Greenville

In this appeal, we hold it is not appropriate for courts to review the decisions of school administrators and school districts regarding how a student's grade point average (GPA) and class rank should be calculated, except on allegations of corruption, bad faith, or a clear abuse of power.